Do you require a Mental Health Diversion?

Mental health diversions under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 offer an alternative pathway for people charged with offences who were experiencing mental health issues at the time of the alleged conduct. This option is often available for clients in Byron Bay and across NSW who can demonstrate a clear link between their mental condition and the offence.

A successful diversion requires strong evidence, such as psychological or psychiatric reports, treatment plans, and support letters. The court must be satisfied that diversion is appropriate, that treatment is available, and that the person poses no unacceptable risk to the community.
Section 14 outcomes generally result in the charge being dismissed on the condition that the person complies with a treatment plan. This avoids a criminal conviction and allows the individual to focus on recovery.

A defence lawyer will assess whether a mental health application is suitable, gather expert reports, negotiate with police, and present persuasive submissions. Diversion is often appropriate for offences involving mental health crises, anxiety disorders, PTSD, bipolar disorder, major depression, and cognitive impairments.